Skip to Content

Proposed Rule

Proposed Flood Elevation Determinations

Document Details

Information about this document as published in the Federal Register.

Enhanced Content

Relevant information about this document from Regulations.gov provides additional context. This information is not part of the official Federal Register document.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Proposed rule.

SUMMARY:

Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.

DATES:

Comments are to be submitted on or before January 5, 2011.

ADDRESSES:

The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community is available for inspection at the community's map repository. The respective addresses are listed in the table below.

You may submit comments, identified by Docket No. FEMA-B-1144, to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3461, or (e-mail) roy.e.wright@dhs.gov.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3461, or (e-mail) roy.e.wright@dhs.gov.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA) proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).

These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in those buildings.

Comments on any aspect of the Flood Insurance Study and FIRM, other than the proposed BFEs, will be considered. A letter acknowledging receipt of any comments will not be sent.

National Environmental Policy Act. This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared.

Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required.

Executive Order 12866, Regulatory Planning and Review. This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866, as amended.

Executive Order 13132, Federalism. This proposed rule involves no policies that have federalism implications under Executive Order 13132.

Executive Order 12988, Civil Justice Reform. This proposed rule meets the applicable standards of Executive Order 12988.

Start List of Subjects

List of Subjects in 44 CFR Part 67

End List of Subjects

Accordingly, 44 CFR part 67 is proposed to be amended as follows:

Start Part

PART 67—[AMENDED]

1. The authority citation for part 67 continues to read as follows:

Start Authority

Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.

End Authority
[Amended]

2. The tables published under the authority of § 67.4 are proposed to be amended as follows:

Flooding source(s)Location of referenced elevation* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ⁁ Elevation in meters (MSL)Communities affected
EffectiveModified
McCracken County, Kentucky, and Incorporated Areas
Arnold Branch (backwater effects from Ohio River)From the confluence with Blizzards Ponds Drainage Ditch to approximately 0.7 mile upstream of the Blizzards Ponds Drainage CanalNone+341Unincorporated Areas of McCracken County.
Start Printed Page 62058
Bayou Creek (backwater effects from Ohio River)From the confluence with the Ohio River to approximately 1.0 mile downstream of Ogden Landing Road+333+336Unincorporated Areas of McCracken County.
Blizzards Ponds Drainage Canal (backwater effects from Ohio River)From the confluence with West Fork Clarks River to approximately 275 feet upstream of Husband RoadNone+341Unincorporated Areas of McCracken County.
Camp Creek (backwater effects from Ohio River)From the confluence with West Fork Clarks River to approximately 0.5 mile downstream of KY-348None+341Unincorporated Areas of McCracken County.
Clarks River (backwater effects from Ohio River)From the confluence with the Ohio River to approximately 0.7 mile upstream of KY-787None+341Unincorporated Areas of McCracken County.
Crooked CreekAt the confluence with Perkins Creek+365+363Unincorporated Areas of McCracken County.
Approximately 400 feet upstream of U.S. Route 62None+402
Cross CreekJust upstream of the Illinois Central Railroad Yard+333+331Unincorporated Areas of McCracken County.
Approximately 345 feet upstream of South 24th Street+343+341
Deer Lick Creek (backwater effects from Ohio River)From the confluence with the Ohio River to approximately 2.9 miles upstream of the confluence with the Ohio RiverNone+336Unincorporated Areas of McCracken County.
Horse Branch (backwater effects from Ohio River)From the confluence with the Clarks River to approximately 85 feet downstream of Georgia Street SouthNone+341Unincorporated Areas of McCracken County.
Island Creek Tributary 6.1 (backwater effects from Island Creek)From the confluence with Island Creek to approximately 800 feet downstream of I-24None+336Unincorporated Areas of McCracken County.
Little Bayou Creek (backwater effects from Ohio River)From the confluence with Bayou Creek to approximately 2.3 miles downstream of Ogden Landing Road+334+336Unincorporated Areas of McCracken County.
Little Massac Creek (backwater effects from West Fork Massac Creek)From the confluence with West Fork Massac Creek to approximately 1,000 feet upstream of the confluence with West Fork Massac CreekNone+378Unincorporated Areas of McCracken County.
Middle ForkApproximately 1,800 feet upstream of the confluence with Massac Creek+354+352City of Paducah, Unincorporated Areas of McCracken County.
Massac CreekApproximately 1,700 feet upstream of McCracken Boulevard+355+354
Nasty Creek (backwater effects from Ohio River)From the confluence with Newtons Creek I to approximately 0.6 mile upstream of Grief RoadNone+335Unincorporated Areas of McCracken County.
Newtons Creek I (backwater effects from Ohio River)From the confluence with the Ohio River to approximately 0.7 mile upstream of Grief RoadNone+335Unincorporated Areas of McCracken County.
Ohio RiverApproximately 1,700 feet downstream of the confluence with Redstone Creek+331+334City of Paducah, Unincorporated Areas of McCracken County.
Approximately 2.0 miles upstream of the confluence with the Tennessee River+339+340
Perkins CreekAt the confluence with the Ohio River+337+339City of Paducah, Unincorporated Areas of McCracken County.
Approximately 0.5 mile upstream of Blandville RoadNone+399
Perkins Creek Tributary 4 (backwater effects from Ohio River)From the confluence with Perkins Creek to approximately 80 feet downstream of U.S. Route 60None+339City of Paducah, Unincorporated Areas of McCracken County.
Redstone Creek (backwater effects from Ohio River)From the confluence with Redstone Creek Tributary 5 to approximately 0.6 mile upstream of the confluence with Redstone Creek Tributary 5+332+335Unincorporated Areas of McCracken County.
Redstone Creek Tributary 5 (backwater effects from Ohio River)From the confluence with Redstone Creek to approximately 0.5 mile upstream of the confluence with Redstone Creek+332+335Unincorporated Areas of McCracken County.
Tennessee RiverAt the confluence with the Ohio River+339+340City of Paducah, Unincorporated Areas of McCracken County.
Approximately 3.0 miles upstream of U.S. Route 60None+341
West Fork Clarks River (backwater effects from Ohio River)From the confluence with Clarks River to approximately 3.7 miles upstream of the confluence with Camp Creek at the county boundaryNone+341Unincorporated Areas of McCracken County.
Start Printed Page 62059
West Fork Massac Creek (backwater effects from Ohio River)From the confluence with Massac Creek to approximately 2,000 feet upstream of Wilmington Road+336+338Unincorporated Areas of McCracken County.
* National Geodetic Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Paducah
Maps are available for inspection at City Hall, 300 South 5th Street, Paducah, KY 42002.
Unincorporated Areas of McCracken County
Maps are available for inspection at the McCracken County Courthouse, 301 South 6th Street, Paducah, KY 42003.
Franklin County, Pennsylvania
Back CreekAt the confluence with Conococheague CreekNone+481Township of Antrim, Township of Peters.
Approximately 180 feet upstream of the confluence with Conococheague CreekNone+481
Conodoguinet CreekApproximately 500 feet downstream of Burnt Mill RoadNone+544Township of Letterkenny, Township of Lurgan.
Approximately 1.49 mile upstream of Tanyard Hill Road (State Route 433)None+603
Middle Spring CreekApproximately 20 feet upstream of Hot Point Avenue (Avon Drive)None+630Township of Southampton.
Approximately 80 feet upstream of Hot Point Avenue (Avon Drive)None+630
Tributary to Falling Spring BranchAt the confluence with Falling Spring Branch+634+631Township of Guilford.
At the upstream inlet of the I-81 culvert+634+631
Unnamed Tributary to West Branch Antietam CreekApproximately 1,900 feet downstream of the Access Road BridgeNone+637Township of Washington.
Approximately 100 feet downstream of the Access Road BridgeNone+647
* National Geodetic Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
Township of Antrim
Maps are available for inspection at the Antrim Township Municipal Building, 10655 Antrim Church Road, Greencastle, PA 17225.
Township of Guilford
Maps are available for inspection at the Guilford Township Building, 115 Spring Valley Road, Chambersburg, PA 17201.
Township of Letterkenny
Maps are available for inspection at the Letterkenny Township Building, 4924 Orrstown Road, Orrstown, PA 17244.
Township of Lurgan
Maps are available for inspection at the Lurgan Township Building, 8650 McClays Mill Road, Newburg, PA 17240.
Township of Peters
Maps are available for inspection at the Peters Township Building, 5342 Lemar Road, Mercersburg, PA 17236.
Township of Southampton
Start Printed Page 62060
Maps are available for inspection at the Township Building, 705 Municipal Drive, Southampton, PA 17257.
Township of Washington
Maps are available for inspection at the Washington Township Building, 13013 Welty Road, Waynesboro, PA 17268.
Marion County, South Carolina, and Incorporated Areas
Little Pee Dee RiverJust upstream of Drama Court extendedNone+28Unincorporated Areas of Marion County.
Just downstream of U.S. Route 76None+51
Sellers BranchApproximately 250 feet downstream of Church StreetNone+72Town of Sellers, Unincorporated Areas of Marion County.
Approximately 1,500 feet upstream of Main StreetNone+85
White Oak Creek Tributary 1.1At the confluence with White Oak Creek Tributary 1None+84City of Mullins.
Approximately 50 feet downstream of Lowman StreetNone+95
* National Geodetic Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Mullins
Maps are available for inspection at 151 East Front Street, Mullins, SC 29574.
Town of Sellers
Maps are available for inspection at 2552 U.S. Route 301, Sellers, SC 29592.
Unincorporated Areas of Marion County
Maps are available for inspection at 1305 North Main Street, Marion, SC 29571.
Kaufman County, Texas, and Incorporated Areas
Brooklyn BranchAt the confluence with Mustang CreekNone+457City of Forney.
Approximately 1,382 feet upstream of Ridgecrest RoadNone+471
Buffalo CreekJust upstream of Union Pacific RailroadNone+389City of Forney, Unincorporated Areas of Kaufman County.
Just upstream of FM 740None+403
Cedar CreekApproximately 2.9 miles downstream of U.S. Route 175None+342City of Mabank, Unincorporated Areas of Kaufman County.
Approximately 1 mile downstream of State Highway 274None+342
Duck CreekApproximately 925 feet downstream of Country Road 337None+458Unincorporated Areas of Kaufman County.
Approximately 1,755 feet upstream of FM 2728None+485
East Fork Trinity RiverJust upstream of Union Pacific RailroadNone+389City of Dallas, City of Heath, Unincorporated Areas of Kaufman County.
Approximately 0.85 mile upstream of the Rockwell-Forney DamNone+398
Mustang CreekApproximately 0.51 mile upstream of Shady Brook LaneNone+413City of Forney, Unincorporated Areas of Kaufman County.
Approximately 0.51 mile upstream of Ridgecrest RoadNone+480
Unnamed Tributary to Kings CreekApproximately 1,600 feet upstream of the confluence with Kings Creek (Upper Reach)None+486City of Terrell, Unincorporated Areas of Kaufman County.
Start Printed Page 62061
Approximately 0.91 mile upstream of the confluence with Kings Creek (Upper Reach)None+506
* National Geodetic Vertical Datum.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to Roy E. Wright, Deputy Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Dallas
Maps are available for inspection at 320 East Jefferson Boulevard, Room 307, Dallas, TX 75203.
City of Forney
Maps are available for inspection at City Hall, 101 West Main Street, Forney, TX 75126.
City of Heath
Maps are available for inspection at City Hall, 200 Laurence Drive, Heath, TX 75032.
City of Mabank
Maps are available for inspection at City Hall, 129 East Market Street, Mabank, TX 75147.
City of Terrell
Maps are available for inspection at City Hall, 201 East Nash Street, Terrell, TX 75160.
Unincorporated Areas of Kaufman County
Maps are available for inspection at the Kaufman County Courthouse, 100 West Mulberry Street, Kaufman, TX 75142.

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

Start Signature

Dated: September 21, 2010.

Edward L. Connor,

Acting Federal Insurance and Mitigation Administrator, Department of Homeland Security, Federal Emergency Management Agency.

End Signature End Part End Supplemental Information

[FR Doc. 2010-25337 Filed 10-6-10; 8:45 am]

BILLING CODE 9110-12-P